Bill Text: NJ A3936 | 2014-2015 | Regular Session | Amended
Bill Title: Establishes right of sexual assault victim to notification of certain developments in criminal case.
Spectrum: Moderate Partisan Bill (Democrat 8-1)
Status: (Introduced - Dead) 2015-02-05 - Reported out of Assembly Comm. with Amendments, 2nd Reading [A3936 Detail]
Download: New_Jersey-2014-A3936-Amended.html
ASSEMBLY, No. 3936
STATE OF NEW JERSEY
216th LEGISLATURE
INTRODUCED DECEMBER 4, 2014
Sponsored by:
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
Assemblywoman PAMELA R. LAMPITT
District 6 (Burlington and Camden)
Assemblywoman GABRIELA M. MOSQUERA
District 4 (Camden and Gloucester)
Assemblywoman LINDA STENDER
District 22 (Middlesex, Somerset and Union)
Assemblywoman SHAVONDA E. SUMTER
District 35 (Bergen and Passaic)
Co-Sponsored by:
Assemblyman Mazzeo
SYNOPSIS
Establishes right of sexual assault victim to notification of certain developments in criminal case.
CURRENT VERSION OF TEXT
As reported by the Assembly Law and Public Safety Committee on February 5, 2015, with amendments.
An Act concerning the rights of victims of sexual assault and supplementing Title 52 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known and may be cited as the "Sexual Assault Victims' Rights Act."
2. As used in this act:
"Law enforcement agency" means a department, division, bureau, commission, board or other authority of the State or of any political subdivision thereof which has by statute or ordinance the responsibility of detecting and enforcing the general criminal laws of this State.
"Sexual assault case" means a criminal investigation or criminal prosecution to which any of the following applies:
a. The victim of a sexual assault offense reports the assault to a law enforcement agency;
b. There is physical evidence that a sexual assault offense was committed against any person, which shall include photographic evidence; or
c. There is eyewitness evidence that a sexual assault offense was committed against any person.
"Sexual assault offense" means a violation or attempted violation of N.J.S.2C:14-2.
"Victim" means any person subjected to a sexual assault offense and, for the purposes of communicating and receiving notices under this act, the victim's designated appointee.
3. a. Upon the request of a victim of a sexual assault offense, the law enforcement agency with the primary responsibility for investigating that sexual assault case shall inform the victim of the status of the processing of all evidence collected in that case. The law enforcement agency may require that the victim's request made pursuant to this subsection be in writing.
b. The law enforcement agency may respond to a victim's request under this section with a written communication or by electronic mail, if an electronic mail address is available. A law enforcement agency is not required by this subsection to communicate with the victim regarding the status of the processing of crime scene evidence unless the victim has made a specific request to do so.
c. A sexual assault victim
may designate another person of
the victim's choosing to receive information requested by the sexual assault
victim or any notice required under this act.
4. In addition to the rights accorded to crime victims under section 3 of P.L.1985, c.249 (C.52:4B-36), sexual assault victims have the following rights under this act:
a. The right to be informed of whether a DNA profile of an assailant was obtained from the processing of evidence in the sexual assault case.
b. The right to be informed of whether a DNA profile of an assailant has been entered into any data bank designed or intended to be used for the retention or comparison of case evidence.
c. The right to be informed of whether there is a match between the DNA profile of an assailant obtained in the sexual assault case 1[to]1 and1 any DNA profile contained in any data bank designed or intended to be used for the retention or comparison of case evidence. This subsection shall not apply if disclosure would impede or compromise an ongoing investigation.
d. The right to be informed when sexual assault evidence is submitted to a forensic laboratory, when the evidence is compared against any data bank, and of the results of the comparison. This subsection shall not apply if disclosure would impede or compromise an ongoing investigation.
5. a. The law enforcement agency with the primary responsibility for investigating a sexual assault case shall provide information to a victim under this act in a timely manner and, upon request of the victim, advise the victim of any significant changes in the information of which the law enforcement agency is aware.
b. To receive notice under this section, the victim shall inform the law enforcement agency of the name, address, telephone number, and electronic mail address of the person to whom the information should be provided, and of any changes to the information.
c. A person accused or convicted of a crime against the victim has no standing to object to any failure to comply with this section. The failure to provide a right or notice to a sexual assault victim under this section shall not be the basis for setting aside the conviction or sentence.
6. This act shall take effect on the first day of the fourth month after enactment.
